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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2021 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2021 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2021, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2021. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available until June 30, 2022.

SECTION 2.
Secretary of the Commonwealth
Secretary of the Commonwealth
0521-0000............................................................. $49,962
0521-0002............................................................ $450,000

Office of the Comptroller
Office of the Comptroller
1599-3384.......................................................... $4,558,654

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary of Administration and Finance
1100-1100............................................................ $300,000

Executive Office of Health and Human Services
Department of Mental Health
5042-5000............................................................ $350,000

Executive Office of Housing and Economic Development
Department of Housing and Community Development
7004-0102......................................................... $16,800,000

Executive Office of Public Safety and Security
Department of Fire Services
8324-0000............................................................ $819,690

SECTION 2A.  To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2021. Except as otherwise stated, these sums shall be made available until June 30, 2022.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
1599-0766.. For grants to Massachusetts approved special education schools to address the impacts of COVID-19....................... $20,000,000

1599-1214.. For a reserve for expansion, upgrades or enhancements to staffing, operations or infrastructure for new and existing facilities that treat men with an alcohol or substance use disorder under sections 1 and 35 of chapter 123 of the General Laws; provided, that the secretary of administration and finance may transfer funds from this item to state agencies as defined in section 1 of chapter 29 of the General Laws........................................... $5,376,398

1599-4448.. For a reserve for collective bargaining and related labor costs; provided, that funds shall be used for fiscal year 2020, 2021 and 2022 costs of contracts validated pursuant to section 7 of chapter 150E of the General Laws and made effective for the purposes of said section 7 of said chapter 150E by section 23 of this act; provided further, that funds may be used for non-union pay increases; and provided further, that the secretary of administration and finance may authorize the transfer of funds from this account to other accounts to meet the projected costs.......................................... $251,500,000

1599-8910.. For a reserve to support costs associated with the 14 county sheriffs’ offices; provided, that the secretary of administration and finance may transfer funds from this item to state agencies as defined in section 1 of chapter 29 of the General Laws.......................................... $25,545,318

Executive Office of Housing and Economic Development
Department of Housing and Community Development
7004-0105.. For permanent supportive housing units to house individuals experiencing homeless and mitigate overcrowding in homeless shelters....................................................... $5,000,000

Executive Office of Education
Department of Higher Education


7066-1003.. For a program administered by the department of higher education to reimburse Worcester State University and Quinsigamond Community College for costs associated with educating former students of Becker College’s nursing program; provided, that any unexpended funds in this item shall not revert but shall be made available for the purpose of this item until June 30, 2023.......................................... $2,825,000

SECTION 2C.I.  For the purpose of making available in fiscal year 2022 balances of appropriations which otherwise would revert on June 30, 2021, the unexpended balances of the appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 227 of the acts of 2020; provided, however, for items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 of said chapter 227; provided, however, that for items which do not appear in section 2 of said chapter 227, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in sections 2 to 2E, inclusive, of this act or in prior appropriation acts. The unexpended balance of each appropriation in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17 is hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in said section 2 of said chapter 227. The sums reappropriated in this section shall be in addition to any amounts available for said purposes.

JUDICIARY
Committee for Public Counsel Services
0321-1500............................................................ $650,842
0321-1520.......................................................... $6,800,000
Mental Health Legal Advisers
0321-2000............................................................ $200,000

DISTRICT ATTORNEYS
Middle (Worcester) District Attorney
0340-0400............................................................ $125,000
Northwestern District Attorney
0340-0600............................................................ $873,793

SECRETARY OF THE COMMONWEALTH
Secretary of the Commonwealth
0511-0271............................................................ $673,319
0511-0272............................................................ $293,652

TREASURER AND RECEIVER-GENERAL
Treasurer and Receiver-General
0610-2000.......................................................... $1,245,565
State Lottery Commission
0640-0000.......................................................... $4,400,000

State Ethics Commission
State Ethics Commission
0900-0100............................................................. $20,000

Office of the Inspector General
Office of the Inspector General
0910-0200............................................................ $250,000

Massachusetts Commission Against Discrimination
Massachusetts Commission Against Discrimination
0940-0100............................................................ $120,000

Cannabis Control Commission
Cannabis Control Commission
1070-0840............................................................ $500,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
1599-0054............................................................ $620,000
Division of Capital Asset Management and Maintenance
1102-3199............................................................ $375,000
Civil Service Commission
1108-1011............................................................. $30,000
Group Insurance Commission
1108-5200......................................................... $60,000,000
Department of Revenue
1232-0100.......................................................... $3,500,000
Health Policy Commission
1450-1200............................................................ $800,000

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Department of Transportation
1595-6368............................................................ $41,000

Executive Office of Energy and Environmental Affairs
Office of the Secretary of Energy and Environmental Affairs
2000-0100............................................................ $100,000
2000-1013............................................................ $300,000
2000-1700............................................................ $171,959
Department of Environmental Protection
2260-8870.......................................................... $1,000,000
Department of Agricultural Resources
2511-0100............................................................ $650,000
2511-0103.......................................................... $1,600,000

Executive Office of Education
Department of Early Education and Care
3000-1000............................................................ $642,000
3000-1020............................................................ $645,000

Executive Office of Health and Human Services
Office of the Secretary of Health and Human Services
4000-0005.......................................................... $1,207,285
4000-0007............................................................ $450,000
4000-0300............................................................ $239,825
4000-1700.......................................................... $8,000,000
Massachusetts Commission for the Blind
4110-1000.. ......................................................... $873,744
Massachusetts Rehabilitation Commission
4120-1000............................................................. $65,000
4120-2000............................................................ $179,000
4120-3000............................................................. $35,000
4120-4000............................................................ $241,000
4120-5000............................................................ $244,000
4120-6000............................................................ $135,000
Massachusetts Commission for the Deaf and Hard of Hearing
4125-0100............................................................ $506,000
Department of Transitional Assistance
4400-1000............................................................ $566,717
4401-1000.......................................................... $1,695,395
4401-1003.......................................................... $1,802,012
Department of Public Health
4510-0810.......................................................... $1,000,000
4512-2022.......................................................... $6,000,000
4512-2023............................................................. $17,000
4513-2020.......................................................... $4,967,000
Department of Children and Families
4800-0015.......................................................... $7,000,000
4800-0038.......................................................... $6,300,000
4800-0041.......................................................... $3,900,000
4800-1100.......................................................... $4,440,000
Department of Mental Health
5046-0000.......................................................... $2,500,000
5095-0015.......................................................... $1,500,000
Department of Developmental Services
5911-1003............................................................ $960,000
5920-2025......................................................... $15,000,000

Board of Library Commissioners
Board of Library Commissioners
7000-9101............................................................ $170,000

Executive Office of Housing and Economic Development
Executive Office of Housing and Economic Development
7002-0017............................................................. $69,336
Department of Housing and Community Development
7004-9031.......................................................... $2,500,000
Division of Standards
7006-0060............................................................. $90,110

Executive Office of Labor and Workforce Development
Executive Office of Labor and Workforce Development
7002-1080............................................................ $243,000
7003-0150............................................................ $1,300,000
7003-0151............................................................ $442,000

Executive Office of Education
Department of Elementary and Secondary Education
7010-0005............................................................ $338,678
7010-1194............................................................. $73,543
7010-1202............................................................. $53,945
7061-0029............................................................ $350,582
Department of Higher Education
7066-0000............................................................. $53,400
7066-0115............................................................ $356,596
7100-0700............................................................ $132,936

Executive Office of Public Safety and Security
Office of the Secretary of Public Safety and Security
8000-0600............................................................ $710,156
8000-1700............................................................ $526,458
Office of the Chief Medical Examiner
8000-0105.. ......................................................... $128,000
Department of Criminal Justice Information Services
8000-0110............................................................ $499,000
Department of State Police
8100-0515.......................................................... $3,200,000
8100-1004............................................................ $420,000
Municipal Police Training Committee
8200-0200............................................................. $33,242
Department of Fire Services
8324-0000.......................................................... $3,779,084
Department of Correction
8900-1100............................................................ $672,757
Parole Board
8950-0001............................................................ $260,583

Executive Office of Health and Human Services
Department of Elder Affairs
9110-1633.......................................................... $2,316,872
9110-1636.......................................................... $1,900,530

SECTION 2C.II.  For the purpose of making available in fiscal year 2022 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2021, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2B of chapter 227 of the acts of 2020; provided, however, for items which do not appear in section 2 or 2B of said chapter 227, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2, 2A or 2B of this act or in prior appropriation acts. Amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2 or 2B of the general appropriation act; provided, however, for items which do not appear in section 2 or 2B of the general appropriation act, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2, 2A or 2B of this act or in prior appropriation acts. The sums re-authorized in this section shall be in addition to any amounts available for those purposes.

Office of the Comptroller
Office of the Comptroller
1000-0601............................................................ $314,188

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Division of Administrative Law Appeals
1110-1002............................................................. $42,106

Executive Office of Health and Human Services
Department of Veterans’ Services
1410-0018............................................................ $650,000

Executive Office of Public Safety and Security
Office of the Chief Medical Examiner
8000-0122............................................................ $300,000
Military Division
8700-1140............................................................ $124,000
Department of Correction
8900-0021............................................................ $398,075

SECTION 3.  Section 5 of chapter 21K of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 140, the figure “$3,000” and inserting in place thereof the following figure:- $5,000.

SECTION 4.  Section 91 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in line 113, the words “nine hundred and sixty” and inserting in place thereof the following figure:- 1,200.

SECTION 4A.  Section 32 of chapter 124 of the acts of 2020 is hereby amended by striking out the figure “2021” and inserting in place thereof the following figure:- 2022.

SECTION 4B.  Section 41 of said chapter 124 is hereby amended by striking out the figure “2021” and inserting in place thereof the following figure:- 2022.

SECTION 5.  Section 75 of said chapter 124 is hereby amended by striking out the figure “2021” and inserting in place thereof the following figure:- 2022.

SECTION 6.  Item 1000-0008 of section 2 of chapter 227 of the acts of 2020 is hereby amended by striking out the words “5 per cent” and inserting in place thereof the following words:- 21.2 per cent.

SECTION 7.  Item 1595-6368 of said section 2 of said chapter 227 is hereby amended by striking out the words “and provided further, that not less than $100,000 shall be expended for the town of Maynard for linking elderly and commuter services to the Massachusetts Bay Transportation Authority” and inserting in place there of the following words:- provided further, that not less than $100,000 shall be expended for the town of Maynard for linking elderly and commuter services to the Massachusetts Bay Transportation Authority; and provided further, that funds for the purposes of this project shall be made available until June 30, 2022.

SECTION 8.  Item 4512-2023 of said section 2 of said chapter 227 is hereby amended by inserting after the word “pandemic”, the second time it appears, the following words:- and said funds shall be made available until June 30, 2022.

NO SECTION 9.

SECTION 10.  Subsection (d) of section 103 of chapter 253 of the acts of 2020 is hereby amended by striking out the words “December 31, 2021” and inserting in place thereof the following words:- March 30, 2022.

SECTION 11.  Item 2000-0100 of section 2 chapter 24 of the acts of 2021 is hereby amended by inserting after the word “staffing” the following words:- ; provided further, that not less than $100,000 shall be expended to the New England Wildlife Center, Inc. in the city known as the town of Weymouth for costs associated with the care, treatment and maintenance of wildlife.

SECTION 12.  Said item 2000-0100 of said section 2 of said chapter 24 is hereby further amended by striking out the figure “$13,539,987” and inserting in place thereof the following figure:- $13,639,987.

SECTION 13.  Item 2310-0200 of said section 2 of said chapter 24 is hereby amended by striking out the words “provided, that not less than $100,000 shall be expended to the New England Wildlife Center, Inc. in the city known as the town of Weymouth for costs associated with the care, treatment and maintenance of wildlife;”.

SECTION 14. Said item 2310-0200 of said section 2 of said chapter 24 is hereby further amended by striking out the figure “16,181,737” and inserting in place thereof the following figure:- $16,081,737.

SECTION 14A.  Item 2810-0122 of said section 2 of said chapter 24 is hereby amended by striking the words “provided further, that not less than $50,000 shall be expended for the preservation, protection, signage and maintenance of historic prison camp structures in the town of Rutland”, and inserting in place thereof the following words:- provided further, that not less than $50,000 shall be expended to the Rutland historical commission for the preservation, protection, signage and maintenance of historic prison camp structures in the town of Rutland.

SECTION 15.  Item 5042-5000 of said section 2 of said chapter 24 is hereby amended by inserting after the word “communities” the following words:- ; provided further, that not less than $350,000 shall be expended for the NAN Project to provide mental health awareness and suicide prevention programming in schools and communities.

SECTION 16.  (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Transitional Escrow Fund. Notwithstanding any general or special law to the contrary, the comptroller shall transfer to the Transitional Escrow Fund an amount equal to the fiscal year 2021 consolidated net surplus. The transfer pursuant to this section shall be made from the positive undesignated fund balances in the budgetary funds. Before certifying the consolidated net surplus under this section, the comptroller shall, to the extent possible, eliminate deficits in any fund contributing to the surplus by transferring positive fund balances from any other fund contributing to the surplus. Expenditures from the Transitional Escrow Fund shall be subject to appropriation. The Fund shall not be subject to section 5C of chapter 29 of the General Laws.
         (b)  The Transitional Escrow Fund shall expire on June 30, 2022, at which time the comptroller shall transfer the unexpended balance in it to the Commonwealth Stabilization Fund established in section 2H of chapter 29 of the General Laws.

SECTION 17.  Notwithstanding any general or special law to the contrary, the special commission established in section 101 of chapter 41 of the acts of 2019, as amended by section 77 of chapter 124 of the acts of 2020, is hereby revived and continued to January 31, 2022. The special commission shall file its report pursuant to said section 101 of said chapter 41 with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on public safety and homeland security not later than January 31, 2022.

SECTION 18.  Notwithstanding any general or special law to the contrary, the special commission established in section 105 of chapter 227 of the acts of 2020 is hereby revived and continued to December 31, 2021. The special commission shall file its report pursuant to said section 105 of said chapter 227 with the clerks of the house of representatives and the senate not later than December 31, 2021.

SECTION 19.  Notwithstanding any general or special law to the contrary, the special legislative commission established in section 107 of chapter 253 of the acts of 2020 is hereby revived and continued to March 30, 2022. The special legislative commission shall file its report pursuant to subsection (h) of said section 107 of said chapter 253 with the governor, the speaker of the house of representatives and the president of the senate and the clerks of the house of representatives and senate not later than March 30, 2022.

SECTION 20.  Notwithstanding any general or special law to the contrary, the special legislative commission established in section 110 of chapter 253 of the acts of 2020 is hereby revived and continued to December 31, 2021. The special legislative commission shall file its report pursuant to subsection (d) of said section 110 of said chapter 253 with the clerks of the house of representatives and the senate not later than December 31, 2021.

SECTION 20A.  Notwithstanding any general or special law to the contrary, the special legislative commission established in section 111 of chapter 253 of the acts of 2020 is hereby revived and continued to December 31, 2021. The special legislative commission shall file its report pursuant to subsection (d) of said section 111 of said chapter 253 with the clerks of the house of representatives and the senate not later than December 31, 2021.

SECTION 21.  Notwithstanding any general or special law to the contrary, the special legislative commission established in section 112 of chapter 253 of the acts of 2020 is hereby revived and continued to December 31, 2021. The special legislative commission shall file its report pursuant to subsection (d) of said section 112 of said chapter 253 with the clerks of the house of representatives and the senate not later than December 31, 2021.

SECTION 22.  Notwithstanding any general or special law to the contrary, the special legislative commission established in section 116 of chapter 253 of the acts of 2020 is hereby revived and continued to December 31, 2021. The special legislative commission shall file its report pursuant to subsection (c) of said section 116 of said chapter 253 with the clerks of the house of representatives and the senate not later than December 31, 2021.

SECTION 23.  The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:

1.  between the Commonwealth of Massachusetts and the American Federation of State, County, and Municipal Employees, Unit 2;

2.  between the Commonwealth of Massachusetts and the Service Employees International Union, Local 509, Units 8 and 10;

3.  between the Commonwealth of Massachusetts and the National Association of Government Employees, Units 1, 3 and 6;

4.  between the Commonwealth of Massachusetts and the Massachusetts Nurses Association, Unit 7;

5.  between the Sheriff of Hampshire County and the Hampshire Sheriff’s Office Non-Uniform Correctional Association, Unit SH7;

6.  between the Sheriff of Hampshire County and the Hampshire Sheriff’s Office Jail and House of Correction Supervisory Correctional Officers’ Association, Unit SH8;

7.  between the Sheriff of Hampshire County and the National Correctional Employee Union, Unit SH5;

8.  between the Sheriff of Suffolk county and the National Association of Government Employees, Local 298, Unit SS2;

9.  between the Sheriff of Suffolk County and the Jail Officers and Employees Association of Suffolk County, Unit SS4;

10.  between the Sheriff of Suffolk County and the American Federation of State, County and Municipal Employees/AFL-CIO, Council 93, Local RN, Unit SS3;

11.  between the Sheriff of Barnstable County and the National Association of Government Employees, Local 220, Unit S5B;

12.  between the Sheriff of Barnstable County and the Barnstable County Correctional Officers Union, Unit S1B;

13.  between the Sheriff of Barnstable County and the National Correctional Employees Union, Local 122, Unit S9B;

14.  between the Sheriff of Barnstable County and the Barnstable County Correctional Officers Captains Union, Unit S2B;

15.  between the Sheriff of Barnstable County and the International Brotherhood of Correctional Officers, Local 217, Unit S3B;

16.  between the Sheriff of Berkshire County and the Berkshire County Sheriff’s Office Employee Association, Unit SB3;

17.  between the Sheriff of Berkshire County and the Berkshire International Union of Electric Workers CWA, Unit SB2;

18.  between the Sheriff of Plymouth County and Association of County Employees, Unit SP4;

19.  between the Sheriff of Plymouth County and the National Correctional Employees Union, Local 301, Unit SP7;

20.  between the Sheriff of Plymouth County and the National Correctional Employees Union, Local 104, Unit SP1;

21.  between the Sheriff of Plymouth County and the Plymouth Investigators – New England Police Benevolent Association Local 580, Unit SP3;

22.  between the Sheriff of Plymouth County and the Plymouth New England Police Benevolent Association, Local 193, Unit SP5;

23.  between the Sheriff of Suffolk County and the American Federation of State, County and Municipal Employees, Local 419, Unit SS0;

24.  between the Sheriff of Suffolk County and the American Federation of State, County and Municipal Employees, Local 3967, Unit SS6;

25.  between the Sheriff of Suffolk County and the American Federation of State, County and Municipal Employees, Local 3643, Unit SS5;

26.  between the Sheriff of Hampshire county and the Hampshire Sheriff’s Office Jail and Hampshire Sheriff’s Office Treatment Association, Unit SH6;

27.  between the Sheriff of Norfolk County and the County Correctional Officers Association New England Police Benevolent Association, Local 570, Unit SN3;

28.  between the Sheriff of Norfolk County and the County Correctional Officers Association New England Police Benevolent Association, Local 575, Unit SN2;

29.  between the Sheriff of Norfolk County and the National Association of Government Employees, Local 202, Unit SN1;

30.  between the Sheriff of Essex County and the International Brotherhood of Correctional Officers/NAGE, Local R1-71, Unit SE9;

31.  between the Sheriff of Franklin County and the National Correctional Employees Union Local 106, Unit SF1;

32.  between the Sheriff of Franklin County and the International Brotherhood of Correctional Officers Local 1-045, Unit SF2;

33.  between the Sheriff of Franklin County and the Franklin Sheriff’s Office Non-Unit Employees Association, Unit SF3;

34.  between the Sheriff of Hampden County and Hampden Non-Uniform (NUCA), Unit SH2;

35.  between the Sheriff of Hampden County and Hampden Superior Officers Association, Unit SH3;

36.  between the Sheriff of Middlesex County and the Middlesex Superior Officers Association, New England Police Benevolent Association, Local 280, Unit SM4;

37.  between the Sheriff of Worcester County and the Worcester New England Police Benevolent Association, Local 275, Unit SW2;

38.  between the University of Massachusetts and the Service Employees International Union, Local 888, Lowell Campus, Unit L95;

39.  between the University of Massachusetts and the Teamsters Local 25, Lowell Campus, Unit L94;

40.  between the Massachusetts Department of Transportation and the National Association of Government Employees, Local R1-292, Unit A;

41.  between the Massachusetts Department of Transportation and the Coalition of MassDOT Unions, Unit D;

42.  between the Massachusetts State Lottery Commission and the Service Employees International Union, Local 888;

43.  between the Court Administrator of the Trial Court of the Commonwealth of Massachusetts and the Office and Professional Employees International Union, Local 6, AFL-CIO; and

44.  between the Court Administrator of the Trial Court of the Commonwealth of Massachusetts and the National Association of Government Employees International Union, Local 5000.

Approved, October 25, 2021.